Minority Leader: Laying of 2025 Budget is Unconstitutional

Minority Leader standing © Askanwi Media

By Yusef Taylor, @FlexDan_YT

The Minority Leader for the Sixth Legislature raised a Point of Order labelling the tabling of the 2025 Budget by the Minister for Finance as unconstitutional. After an eventful session which was interrupted twice, Speaker Jatta ruled for the Finance Minister to apologize and proceed with tabling the Budget.

The first interruption occurred after Hon Alhagie S Darbo for Brikama North raised a Point of Order arguing that section 152 (1) of the 1997 Constitution requires that “the President shall cause the Secretary of State responsible for finance to prepare and lay before the National Assembly at least sixty days before the end of the financial year, estimates of the revenue and expenditure of The Gambia for the following financial year…”

Hon Darbo who is also the Chairperson of Parliament’s Finance and Public Accounts Committee and the Minority Leader, calculated that Parliament only has about 45 days and argued that a “Constitutional requirement which is mandatory ‘the President shall cause’ is flouted”. He made reference to other legal provisions in the Standing Orders and concluded by arguing that “the laying of the Budget today is unconstitutional and therefore should not be accepted”.

After the Minority Leader’s submission, some microphone issues affected the proceedings but eventually Deputy Speaker Hon Seedy S K Njie from the Majority caucus attempted to lay out his counter argument. During his submission, Deputy Speaker Njie argued that the Minority Leader raised the issue of compliance “but in part he failed to highlight what next. Do we have a legal provision that will deter the Minster to lay the Estimates of Revenue and Expenditure?”

After hearing both arguments, the Speaker of the Sixth Legislature, Hon Fabakary Tombong Jatta, attempted to proceed with tabling the Budget. Speaker Jatta attempted to rule that “we will entertain the Hon Minister, hearing what the Minority has said, but lets remember also that we fell in the same bag last year, following the amendments. Last year this was amended around September”.

However, his ruling was meet with resistance from two members who raised Point of Orders calling on the Speaker to rule on the Minority Leader’s Point of Order. At this point some microphone issues eventually forced the Speaker to call for the first break. After the break, the Finance Minister mounted the podium to deliver his speech but members objected, forcing the Speaker to direct the Finance Minister to first explain the reasons for the delay.

Minority Leader and Speaker in discussions © Askanwi Media

In his explanation, Finance Minister Hon Seedy S. Keita revealed that some discussions around the increase of salaries could not be agreed with partners. This led to the discussions being taken to Washington with partners from the World Bank and the International Monetary Fund. He revealed, “that discussions is what delayed the completion of the Budget in country while they were here in October”. Hon Keita also added that the government wanted to do salary reviews which was also a request from Parliament to ensure that salary review was included in the Budget.

However, Askanwi is in possession of the Finance Minister’s original speech circulated with members which reveals that Parliament may have sanctioned the delay. Finance Minister Keita did not read the second sentence of his written speech which starts “by thanking the Authority of the National Assembly for the support in giving the Executive time beyond the recently amended constitutional period to lay the budget for the upcoming fiscal year, 60 days before the end of the current fiscal year”.

After the Finance Minister’s oral explanation for the delay which did not implicate Parliament, Speaker Jatta highlighted in his ruling “I must therefore acknowledge, and give credit and merit to the Hon Minority Leader and Member for Brikama North. However, it is very clear, that the provisions did not direct further what should be done in case a Budget falls foul of the Constitution”.

Speaker Jatta warned the Finance Minister not to repeat the delay in the future but Hon Almami Gibba for Foni Kansala raised a Point of Order demanding for some action to be taken. In response the Speaker dismissed his Point of Order but the member for Foni Kansala protested against his decision.

Minority Leader Hon Alhagie S Darbo © Askanwi Media

Soon after, Speaker Jatta gave the Minority Leader the chance to buttress his argument in which he called for “strong warning to be given to the Minister and we allow him to lay. However, I want to move that before we invite the Minister to give couple of minutes to the members to shed light on the decision to lay the budget late”. He vented his dissatisfaction with the reason advanced that the delay is caused by the Government’s decision to raise salaries which they had to engage partners to make possible. However, this was not done on time which has left Parliament with a choked schedule to pass the Budget.

In response, Speaker Jatta reiterated that he already warned the Finance Minister not to repeat the delay and gave four  members a chance to take the floor. Two members raised points highlighting that the Constitution has been violated and the salary review should have been addressed much earlier.

Hon Omar Jammeh of Jangjangburreh recommended for “the Assembly to go on a stand down for the Minority and the Majority caucus to discuss between themselves and find a way forward but not otherwise”.

After the arguments, Speaker Jatta called for a break and all strangers from the Chambers were evicted for Parliamentarians to come to a consensus. During the break our reporter saw the Speaker, the Minority Leader and the Deputy Majority Leader going into a separate room for a discussion as suggested by the member from Jangjangburreh.

After the second break the session resumed and Speaker Jatta ruled that “the Estimates of Revenue and Expenditure is a critical instrument in the operation of the affairs of the State for the next fiscal year, I would indulge the understanding of this august Assembly to allow the Hon Minister proceed with the tabling of the estimates. However, before doing so I would instruct the Hon Minister tender his sincere apologies without any explanation to this august Assembly on the failure on his part to meet the required deadline”.

“Hon Members, under these extraordinary circumstances and for public interest reasons, the tabling of this motion is necessary to avoid any possible shut down of the operations of the state, including this Legislature and the Judiciary. After consultations with the leadership of both sides of the Assembly, it is therefore my ruling in accordance with Order 8 of the Standing Orders of the National Assembly, that, after the apology of the minister, we proceed with the formal tabling of the estimates. This ruling is final” said Speaker Jatta.

After the Speaker’s ruling, Finance Minister Keita mounted the podium to give an unreserved apology, took his seat before mounting the podium again to read out his speech for the tabling of the 2025 Budget. After this the session was adjourned.

Finance Minister at Podium © Askanwi Media